By: WISCONSIN LAW JOURNAL STAFF//February 1, 2011//
Sentencing
Restitution
Gary Sampson was convicted of misdemeanor theft in a business setting, contrary to Wis. Stat. § 943.20(1)(b). The circuit court ordered Sampson to pay restitution. Sampson argues the court erred by setting restitution at the amount the victim had to pay others to finish the contract Sampson failed to complete. We agree and reverse that portion of the judgment awarding restitution. We remand with directions to set restitution at $11,457.30, the amount of the down payment Sampson converted. This opinion will not be published.
2010AP1930-CR State v. Sampson
Dist III, Washburn County, Harrington, J., Peterson, J.
Attorneys: For Appellant: Hintze, Donna L., Madison; For Respondent: Bitney, Jerome M., Shell Lake; Weber, Gregory M., Madison; Winton, Angeline E., Shell Lake